Supreme Court

Case No.                                                                                                                             Vol No.

CARL EDWARD LEAHY of Head Jeddore, in the

Halifax Regional Municipality, Province of Nova Scotia                  PLAINTIFF

- and -

BLANCHARD DAY of Oyster Pond, Jeddore, in the

Halifax Regional Municipality, Province of Nova Scotia                            DEFENDANT

Justice Walter R. E. Goodfellow       Halifax, Nova Scotia       File No. S.H. 133923

                                                         LIBRARY HEADING

Cite as: Leahy v. Day, 1999 NSSC 99

DATE HEARD:        June 15 and 16, 1999

WRITTEN

DECISION:               June 23, 1999

SUBJECT:               PROCEDURE - DEFENDANT FAILED TO ATTEND TRIAL.

ASSAULT - DAMAGES PUNITIVE

SUMMARY:              Trial date set in November, frequent reminders to Mr. Day who advised members of courthouse staff he would not be able to come to the court.  On May 19^th, 1999 Mr. Day attended at the courthouse to deliver this message personally.  Mr. Day holds himself out to be 80 plus years of age and in evidence is said to be in his late seventies.  In the absence of any medical certificate, affidavit or notice of motion for adjournment, coupled with repeated advice to get counsel because the trial was proceeding, including letter from myself as trial justice served upon Mr. Day by Deputy Sheriff May 19^th, 1999.  Resulted in trial proceeding in Mr. Day’s absence.

Carl Leahy, now 33, responded to volunteer fire call at residence of Mr. Day March 20^th, 1996.  On one previous occasion there was a verbal confrontation between Day and Leahy, who at that time was on an adjacent property and also in 1990 a confrontation when Leahy used the Day driveway. 

On this occasion, Leahy asked Mr. Day what caused the fire and Mr. Day responded by punching him out resulting in a bruise to Mr. Leahy’s lower eye, a fat lip and trauma to one tooth.

Leahy suffered existing anxiety disorder and subject to panic attacks.  He sought substantial damages relating all his problems to Mr. Day’s conduct.  Concluded the only impact of Mr. Day’s conduct was some degree of aggravation of pre-existing conditions.  Cashen v. Donovan (1999), 173 N.S.R. (2d) 87.  Punitive damages appropriate as Day’s conviction on guilty plea to assault resulting in a fine fails to address Day’s reprehensible conduct against a community volunteer.

RESULT:                  Damages awarded as follows:

General damages  

(a)       tooth                                                                           - $1,500.00

(b)       pain and suffering - psychological aggravation     - $7,500.00

(c)        punitive damages                                                     - $2,500.00

(d)       special damages                                                     - $1,956.44

TOTAL                                                                                    $13,456.44

Leahy also entitled to pre-judgment interest and costs taxed.

THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT’S DECISION.  QUOTES MUST BE FROM THE DECISION, NOT THIS COVER SHEET.